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Getting possession of property
22-Jan-2023 (In Property Law)
My son bought a residential site in a layout proposed to be formed by a Developer . Relying on assurance made by the Developer, full payment was made and Sale Deed executed before commencing layout formation work. Thereafter, the Developer did not take up work for over 3 years . Hence complaint for deficiency in service was submitted before the Bangalore Urban Dist Consumer Forum, In his version, Developer filed false affidavit that he has already formed the layout and handed over site as per Sale Deed. However, based on evidence and arguments submitted by us, Order has been issued by the Forum asking the Developer to take up and complete the work within 6 months. This is the latest stage of the case.
But we are not hopeful especially as the Developer has many consumer/civil/criminal cases pending in different courts and may not comply with the order of the Consumer Forum.
Please advise on further course of action.
Will any Advocate be able to mediate and resolve ?
I am assuming that the project is not registered with RERA. If the property is still under development, the developer will need to get it registered under RERA, and only after that can he legally sell them. I would recommend that you visit the RERA Karnataka website @ https://rera.karnataka.gov.in/projectsUnderInvestigation, and check if RERA is investigating the project. If it is not, you can go to this URL https://rera.karnataka.gov.in/reportRegForm and report the unregistered project. This will help others like you from being defrauded by the developer.
I wonder how a sale deed was registered when the property was still not developed, and your site could not have been identified in the first place? Having said that, as you have an order passed by the consumer forum in your favour, you stand at a better footing as against the developer. Based on your query it appears that you are looking for a settlement... are you looking to get your money back? or are you looking to get your site from him? Either way, as the developer has several cases pending against him (as you mention), it would be apt for you to take the legal route to get the order of the consumer case executed. There is a high chance that the builder might opt to settle the dispute with you during the execution petition than if you approached for settlement on your own,
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Adv. Vijay Belavadi
Bangalore / Bengaluru | 5+ Answers
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1. As you mentioned that there are many civil / criminal proceedings pending against the developer then its is the clear intention of cheating by the builder.
2. I suggest you to file a criminal case against the builder with the merits of false affidavit.
3. You may contact a local lawyer along with the documents to take up your matter to court.
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